FINE v. STATE

No. 5D99-3116.

758 So.2d 1246 (2000)

Jay R. FINE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

May 26, 2000.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Anne Moorman Reeves, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Denise O. Simpson, Assistant Attorney General, Daytona Beach, for Appellee.


COBB, J.

The appellant, Jay R. Fine, was charged with, and convicted of, robbery and burglary. The evidence at trial was that on November 21, 1996, Fine pulled into the drive-thru at a McDonald's restaurant and, while the attention of the employee was momentarily diverted, he leaned through the take-out window and took money out of the cash drawer. The employee reached for the money but could not get a grip on it. In response...

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